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Contract Negotiation and Development During and After Covid

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  /  Pandemic  /  Contract Negotiation and Development During and After Covid

Contract Negotiation and Development During and After Covid


About this course

The challenges of the COVID-19 pandemic have been top of company bosses’ agendas for more than 12 months. There have been several false dawns where the world hoped that the worst of the public health crisis was in the past, only for the virus to come sweeping back with greater force.

This course examines the challenges of negotiating and developing contracts, right now, during the pandemic. It looks at how we must do things differently in our contract negotiation and development, while at the same time reminding us of the essentials that have not changed.

And it looks ahead – to 2022 and beyond – when we will have become more experienced at managing a COVID-Affected public health environment, and how that ‘new normal’ will impact the vendors, service suppliers and contractors we choose to partner with.


  • What is different about negotiating contracts using virtual working methods?
  • Tools and techniques to facilitate contract drafting when the parties are remote from each other
  • How is contractual performance impacted by a pandemic?
  • A re-think on risk sharing during a public health crisis
  • New approaches to contract making, reflecting the needs for greater collaboration between clients and suppliers


By the end of this course, participants will be able to:

  • Discuss how contract making is changing to reflect the Post-COVID world
  • Identify contract objectives that they can achieve through negotiation
  • Prepare and discuss qualifications to contract drafts prepared by other parties
  • Aim higher in the contractual relationships they wish to initiate
  • Evaluate the risks that come with any contract, and find ways to manage and mitigate those risks
  • Utilise alternative tools to facilitate remote and virtual contract development

Target group

This training course will benefit all levels of personnel engaged in contract management, negotiation, procurement, operations, and disputes. This training course is suitable to a wide range of contracts professionals but will greatly benefit

  • Contract Administrators, Contract Professionals and Project Coordinators
  • Supply Officers, Buyers, Purchasing & Procurement Professionals
  • Project, Construction, Cost and Quantity Professionals
  • Claims Personnel, including Legal Advisers
  • Contracts Managers
  • Those new to contract negotiation and development, those preparing for a major project or experienced professionals taking a new look at contracts after the COVID crisis

Course Outline

Day One: Virtual Negotiation – Getting the Agreement You Want

  • The context of commercial agreements
  • Negotiating Principles for any contract
  • Setting contractual objectives
  • The most important negotiable elements
  • Negotiating an appropriate balance of commercial risks
  • What’s different about remote negotiation?

Day Two: Remote Contract Development

  • What constitutes a contract? – the essential document elements
  • Form, Ingredients and Basic Structure
  • Working electronically with draft Contract documents
  • Make things easier using standard forms and model agreements
  • Contract qualification – amending the other side’s draft

Day Three: Preparing for the Risks of Non-Performance

  • What are the key risks that the pandemic has changed?
  • Risk allocation in the contract – what’s the best approach?
  • The contractor can’t deliver – what are my remedies?
  • Using supply chain strategies to mitigate non-performance
  • Contingency planning

Day Four: Competitive and Collaborative Contracting Strategies

  • Comparing alternative approaches to working with contractors
  • Aligning the contractor’s interests with your own
  • Incentivising a partnering approach
  • A performance framework built on measuring and managing
  • Using Intelligent Client behaviours to maximise the relationship

Day Five: Beyond COVID – How Will Contracts be Different?

  • Re-thinking the scope of work
  • A new approach to sourcing – who should we contract with?
  • Creating sustainable supply chains
  • Features of the Post-COVID contract
  • Course summary and review


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